96016 - DIRITTO DEI MERCATI DIGITALI

Learning outcomes

At the end of the course the student acquires knowledge of the fundamental legal rules that govern the functioning of digital markets (i.e. markets in which intangible goods or services are provided through the Internet) and learns how to apply them to a changing socio-economic and technological context.

Course contents

The course will focus on the legal framework of technological platforms (from marketplaces such as Amazon and eBay, to social networks such as Facebook, to app distribution platforms such as Google Play), combining the theoretical perspective - which will move from the direct analysis of the European regulatory sources - with a case study approach based on the examination of case law and contractual practice adopted by the main market players.

Lesson plan

Lesson 1 [21.09.2021]

• The legal order of digital markets

 Lesson 2 [22.09.2021]

•  The contractual relationship between platforms (and in particular online brokerage services) and their commercial users

Lesson 3 [28.09.2021]

• Platforms and users' personal data (between profiling, conditioning and prediction)

Lesson 4 [29.09.2021]

 Lesson 5 [05.10.2021]

•  The contractual relationship between platforms and end users

 Lesson 6 [06.10.2021]

 Lesson 7 [12.10.2021]

•  Platforms and the rules of competition (internal and external)

 Lesson 8 [13.10.2021]

 Lesson 9 [19.10.2021]

•  The liability regime applicable to ISPs and content sharing platform

 Lesson 10 [20.10.2021]

 Lesson 11 [10/26/2021]

 Lesson 12 [10/27/2021]

 Lesson 13 [02.11.2021]

•  Seminar "Digital marketplaces: rules, practices, contracts": within the seminar will be illustrated the main legal rules applicable to two of the main digital marketplaces (Amazon and eBay), examined the main business models adopted by them and analyzed the contractual texts necessary for their implementation.

Note: Lessons 10 - 13: (a) for students enrolled in the 1st Cycle Degree in "Legal Consultant in Business and Public Administration" are an integral part of the component of "Law of digital markets" (6 CFU) of the integrated course of "Law and Economics of Digital Markets" (9 CFU); (b) for students enrolled in the Master Degree in Law integrate the seminar "Digital Marketplaces: Rules, practices, contracts" (2 CFU), which can be optionally followed as an additional and autonomous activity with respect to the "Digital Markets Law" component (4 CFU) of the integrated course of "Digital Markets Law and Economics" (7 CFU).

Readings/Bibliography

For attending students (GIPA and LMCU) who have to take the exam related to the "Digital Markets Law" component of the integrated course of "Digital Markets Law and Economics", the relevant materials will be indicated by the teacher during the lesson, and uploaded at the end of the lesson on "Virtuale", the Unibo e-learning platform (https://virtuale.unibo.it/ ).

For non-attending students (GIPA and LMCU), the study of the following books is mandatory:

(1) A. CANEPA, I mercanti dell'era digitale. Un contributo allo studio delle piattaforme, Torino, Giappichelli, 2020, pp. 1 - 151.

(2) A. PALMIERI, Profili giuridici delle piattaforme digitali. La tutela degli utenti commerciali e dei titolari di siti web aziendali, Torino, Giappichelli, 2019, pp. 1 - 137.

In addition, for attending and non-attending students (LMCU) who have included the seminar "Digital marketplaces: rules, practices, contracts" in their study plan, the relevant materials will be uploaded at the end of each lesson on "Virtuale", the Unibo e-learning platform (https://virtuale.unibo.it/ ).

Teaching methods

The topics covered by the program will be deepened and discussed in the classroom starting from the reading - guided by the teacher - of the relevant rules and through the illustration of case law cases and contractual models.

Attending students will be actively involved in the discussion in order to develop the necessary hermeneutic and critical skills for a correct approach to the subjects of positive law. This will be particularly evident in the case of case law, where students will be asked to examine the way in which the rules are used to support the opposing theses of the parties in question and to extract the legal principles and their implications from the maxims affirmed.

PLEASE NOTE: In light of the current situation brought about by the Covid-19 pandemic, and given that the syllabus is published in July 2021 (classes will be held in the first semester of the 2021-2022 academic year), changes in teaching methods will be possible. Students are therefore invited to periodically consult this web page and the institutional communication channels of the Degree Course to receive information about any changes.

Translated with www.DeepL.com/Translator (free version)

Assessment methods

For attending students the exam consists of a written test (time limit: 90 minutes) consisting of:

• 18 closed-ended questions (multiple choice), with three possible answers, of which only one is correct;
• 2 open-ended questions.

The final grade is the sum of the following scores:

• 1 point for each correct answer to the 18 closed-ended questions [N.B. There are no penalties for those who do not answer one or more closed-ended questions correctly or at all];

• 1 to 6 points for each correct answer to the 2 open-ended questions [N.B. More specifically, 1-2 points will be awarded in case of a sufficient or little more than sufficient answer, which denotes a limited critical ability and a certain difficulty in the use of technical-legal language; 3-4 points in case of a fair or good answer, which denotes a fair or good critical ability, and a fair or good use of technical-legal language; 5-6L points in case of a very good or excellent answer, which denotes a remarkable critical ability and a full mastery of technical-legal language].

For non-attending students, the exam will be exclusively oral, with 4 open questions on the above-mentioned texts. The evaluation of the test will be carried out taking into account the knowledge of the subject, the ability to analyze the jurisprudential and doctrinal orientations, the ability to make connections between the different parts of the program, the ability to develop critical arguments, the articulation and accuracy of exposure. The assignment of the final grade will be based on the following criteria:

• sufficient or little more than sufficient preparation on the topics covered, limited critical ability, difficulty in the use of technical-legal language: grade 18-21;
• fair or fairly good preparation on the topics covered, fair critical ability, good use of technical and legal language: grade 22-25;
• good or more than good preparation on the topics dealt with, good critical ability, mastery of technical-legal language: grade 26-29;
• substantially exhaustive preparation on the topics covered, excellent critical ability, full mastery of technical and legal language: grade 30-30L.

For the purposes of the exam, students attending no less than 75% of the total hours of class will be considered to be attending.

Both for attending and non-attending students (LMCU), the exam regarding the seminar "Digital marketplaces: rules, practices, contracts" will be exclusively oral, with two open questions on the materials that will be uploaded at the end of each lesson on "Virtuale", the Unibo e-learning platform (https://virtuale.unibo.it/ ).

Students can take the test related to the "Digital Markets Law" component only after having passed the Private Law exam.

To register for the exams it is necessary to use the AlmaEsami system. Late registrations with respect to the deadlines indicated on AlmaEsami and/or off-list registrations are not admitted.

Teaching tools

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools can communicate their needs to the teacher in order to be directed to the referents and agree on the adoption of the most appropriate measures.

Office hours

See the website of Giorgio Spedicato